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College Procedure Number/Title:

Howard Community College (HCC) recognizes that sexual harassment, which includes sexual violence, damages the integrity of the educational institution, destroys the institution's positive work and educational atmosphere, and causes psychological and physiological damage to the victim.  The college condemns such illegal activity and is strongly committed to promoting an educational and work environment free from sexual harassment.  For the purpose of these guidelines, the college adopts the sexual harassment definition promulgated by the United States Equal Employment Opportunity Commission (EEOC) and the sexual violence definition promulgated by Title IX of the Education Amendments of 1972.

It is a violation of this policy for any member of the college staff to harass a student or employee through conduct or communications of a sexual nature as defined below.  It is also a violation of this policy for students to harass other students or for students to harass staff through conduct or communications of a sexual nature.  The scope of this policy also extends to visitors to the college.

Definitions

Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written, or physical conduct of a sexual nature, when made by a member of the college staff to a student or another employee or when made by a student to another student or to staff, constitute sexual harassment when:

  • submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's education or employment;
  • submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
  • such conduct has the purpose or effect of substantially interfering with an individual's academic, professional or employment performance or creating an intimidating, hostile, or offensive academic or employment environment.

Sexual harassment, as defined above, may include, but is not limited to the following:

  • verbal harassment or abuse;
  • pressure for sexual activity;
  • repeated remarks to a person, with sexual or demeaning implications;
  • unwelcome touching;
  • suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, job, etc.;
  • displaying pornographic or sexually suggestive images in a place or manner where others could view such images and be offended; or
  • using sexually suggestive language in a place or manner where others could hear such language and be offended.

Sexual violence, as defined by Title IX, refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol or an intellectual or other disability.  Examples of sexual violence include, but are not limited to, rape, sexual assault, and sexual battery.

Complaints of sexual harassment by students, employees, or visitors should be filed and will be investigated in accordance with the college's Discrimination and Sexual Harassment Complaint  Procedures (63.01.01).  A substantiated charge against an employee or student of the college will subject that person to disciplinary action.

Effective Date:  02/28/14